What’s New in Tort and Trial: Andje Medina Authors Article in The Gavel

In her Gavel article "What's New in Tort & Trial," Attorney Andje Medina discussed key takeaways that trial lawyers should glean from recent court decisions, including: changing the way attorneys handle the exclusion of witnesses, mental exams of children, unencumbered settlement checks and the coming-and-going rule.

Medina advised attorneys to review their Code of Civil Procedure section 998 templates to ensure that there is no ambiguous language that might make offers invalid-a new standard based on Sanford v. Rasnick.

Medina also analyzed two recent retained control cases, Regalado v. Callaghan and Khosh v. Staples Co., Inc. She explained that in order to prove failure to act, attorneys must ensure that the failure is specific.

"A subtle but important distinction is drawn in these cases," Medina wrote. "Be careful when pleading a retained control claim and try and develop specific promises and not overall safety promises."

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